Terms & Conditions

These Terms and Conditions of Use (“Terms and Conditions”) apply to your access and use of, and registration with, the website (the “Website”) of HOPO Therapeutics, Inc. (“HOPO Therapeutics”). HOPO Therapeutics may be referred to by “we”, “us”, or “our”.

Please read these Terms and Conditions before accessing, browsing, registering, or otherwise using the Website. Your access, browsing, review, registration, and use of the Website are subject to these Terms and Conditions and all applicable laws. By accessing and using the Website, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not access, browse, or otherwise use the Website. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, you should immediately terminate your use of the Website.

Right to Change, Modify or Delete the Terms and Conditions

HOPO Therapeutics reserves the right to change, modify, add, or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Website will mean that you accept any such changes, modifications, additions, or deletions, as the case may be. The Terms and Conditions shall be construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

Availability of and Access to the Website

HOPO Therapeutics may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any Website feature, database, or content, without prior notice or liability. The Website may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Website does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data. HOPO Therapeutics reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability.

Copyright and Use of Website Content

The Website and all the information it contains, or may in the future contain, including but not limited to business and scientific text, articles, bulletins, reports, press releases, opinions, photographs, illustrations, trademarks, trade names, service marks, and logos (collectively, the “Content”), is the property of HOPO Therapeutics, and is protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Website may be owned by third parties. Except as described in these Terms and Conditions, nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use the Website or any Content displayed on the Website, through the use of framing or otherwise, without the prior written permission of HOPO Therapeutics or such third party that may own the trademark or copyright of material displayed on the Website.

Subject to your full compliance with these terms, HOPO Therapeutics authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified in any way.

The Website may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). Additionally, some of the Content appearing to originate from the Website may be supplied by third-party Content providers. HOPO Therapeutics has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers. You acknowledge that HOPO Therapeutics is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

HOPO Therapeutics is an organization committed to the highest professional standards. Therefore, we do not grant any license or other permission for links or other use of the Website or the Content if such use or link: (a) suggests that we promote or endorse any third party’s causes, ideas, political campaigns, websites, products, or services; (b) copies, displays, disseminates or otherwise uses the Content without our express written consent; or (c) uses the Content for commercial purposes. Furthermore, HOPO Therapeutics does not grant its consent for links to the Website where the linking party engages in any Prohibited Conduct (as described below). We reserve the right to withdraw permission for any link at any time.

HOPO Therapeutics does not want to post any information that infringes or violates third-party intellectual property rights, including but not limited to copyright, trademark, patent, trade secret rights as well as rights of privacy and publicity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content on the Website, please write to us at the below address, giving a written statement that contains the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. HOPO Therapeutics will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. The contact for submission of such notices is: HOPO Therapeutics, Inc., 2342 Shattuck Ave #220, Berkeley, CA 94704, Attn: Legal Department, or legal@hopotx.com.

Privacy

Please refer to HOPO Therapeutics’ Privacy Policy for information regarding the collection, use, and disclosure of Website user information.

Responses To Online Requests

From time to time, HOPO Therapeutics may offer to provide information or materials via e-mail or otherwise to interested persons through the Website. We reserve the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason.

Registrant’s Qualifications

When registering with or applying to HOPO Therapeutics you must provide accurate, complete, and current registration information and you agree to provide us with any updates to that information promptly after such changes occur. Registration to the Website is available only to persons who are at least 18 years of age. Your right to use the Website is personal to you and cannot be transferred to any other person. You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Website. You shall be responsible for all charges associated with accessing and maintaining a connection to the Website including, but not limited to, charges imposed by an Internet service provider, or your local telephone company. HOPO Therapeutics shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. We shall have the right, but not the obligation, to send you electronic mail to inform you of changes or additions to the Website, or of any products and services of HOPO Therapeutics, Inc.

Prohibited Conduct

You may use the Website for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Website, any Content that:

is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to us in our sole discretion; contains computer viruses, worms, moles, or other contaminating or destructive elements; violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity; contains any advertising or any false or misleading statement; or otherwise violates any applicable criminal or civil law.

Disclaimer of Warranties

THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER WE NOR THIRD-PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE WEBSITE. WE ARE UNDER NO OBLIGATION TO UPDATE THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER WE NOR ANY PROVIDER OF THIRD-PARTY CONTENT NOR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES HOPO THERAPEUTICS, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HOPO THERAPEUTICS OR ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HOPO THERAPEUTICS, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend, and hold HOPO Therapeutics, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives, licensors, and information providers (collectively, the “HOPO Therapeutics Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by us, or by any HOPO Therapeutics Representative in connection with any claim arising out of any use or alleged use by you of the Website or the Content or arising out of or in relation to any breach by you of the Terms and Conditions. HOPO Therapeutics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate reasonably with our defense of such claim.

Questions

If you have any questions about the Terms and Conditions, please contact us at: HOPO Therapeutics, Inc., 2342 Shattuck Ave #220, Berkeley, CA 94704, Attn: Legal Department, or legal@hopotx.com.

Last Updated

These Terms and Conditions of Use were last updated on February 22, 2020.